Liberty and justice for all United States persons abroad

The Isaac Brock Society

Getting Canadian Charter of Rights and Freedoms Right

Posted on by Posted in Issues regarding US persons abroad 27 Comments

Getting Charter rights right.

The BCCLA has been in court a LOT over the past several years, and we’ve had great success.

The BCCLA and other Canadian human rights organizations have won in the courts, time and time again.

These victories were achieved through courage and commitment from the people we work with, but they were also due to the fact that these laws were blatantly in conflict with the highest law in the land, the Canadian Charter of Rights and Freedoms. 

We knew it. The communities affected knew it. And we think the government knew it too. Or at least, they should have.

Check out my new blog post calling on the government to ensure that laws are consistent with our Charter rights before they are passed.

Relying on individuals and organizations to challenge the constitutionality of laws after the fact, when much damage has already been done, is unfair and costly, not just to the plaintiffs, but to the public at large.

Surely it’s in everyone’s interest that the government gets it right the first time.

Let me know what you think!

Warmly,

Laura Track, BCCLA Lawyer (info@bccla.org)

 

The BCCLA has been in court a LOT over the past several years. We’ve launched challenges to the prohibition on physician assisted dying, indefinite solitary confinement and second-class citizenship, and intervened in cases involving drug laws, mandatory minimum sentences, sex work and so much more. Sure, we did advocacy outside the courts and pressed decision-makers to amend or repeal problematic laws too, but it’s been challenging, to say the least. On many occasions, we’ve felt like there’s really no choice but to litigate if Canadians’ Charter rights are to be protected.

…

Relying on individuals and organizations to challenge the constitutionality of laws after the fact, when the laws are already on the books and much damage has already been done, is unfair and costly, not just to the plaintiffs, but to the public at large. Meanwhile, as court cases drag on, the challenged laws remain in effect, leading to further potential rights violations. Surely it’s in everyone’s interest that the government gets it right the first time, and that only bills that pass constitutional muster get passed into law.

In his mandate letter to the new Minister of Justice, Jody Wilson-Raybould, Prime Minister Trudeau said:

As Minister of Justice and Attorney General of Canada, your overarching goal will be to ensure our legislation meets the highest standards of equity, fairness and respect for the rule of law.  I expect you to ensure that our initiatives respect the Constitution of Canada, court decisions, and are in keeping with our proudest legal traditions.  You are expected to ensure that the rights of Canadians are protected, that our work demonstrates the greatest possible commitment to respecting the Charter of Rights and Freedoms, and that our government seeks to fulfill our policy goals with the least interference with the rights and privacy of Canadians as possible.

He also named review of the government’s litigation strategy as a top priority for the new Justice Minister, including ending appeals and changing positions that are inconsistent with the Charter.

27 thoughts on “Getting Canadian Charter of Rights and Freedoms Right”

  1. I agree with Stephen Kish here.

    But the above is all speculation and my preferred approach is still litigation.

    So, I’ve posted here information from an email received this morning. I am Canadian and believe that Prime Minister Trudeau and his cabinet must stand behind his statement *A Canadian is a Canadian is a Canadian* and the Canadian Charter of Rights and Freedoms.

  2. @Calgary411. Nice post.

    Lynne Swanson, has been after Canadian Civil Liberties:

    https://twitter.com/LynneBlaze/status/688776403622453249

    This post suggests that perhaps BCCLA should be “also a” or “the” target?

    I know that Canadian Civil Liberties has a #CharterFirst campaign to force legislation to comply with the Charter prior to passage, instead of the current all too often remedying Charter issues via lawsuits. (I am not sure how it would work for omnibus budget bills with myriad issues to be vetted against the Charter).

    ? Differences between @Cancivlib and @bccla Which should be primary target, or both equally?

    I am thinking of putting some text in here – on the picture:
    https://twitter.com/JCDoubleTaxed/status/687797322919510017

    Tweeting a picture is better than just a tweet, and a picture with text even more powerful:

    https://twitter.com/JasonPedley/status/675391150598070272

    Taking suggestions for what text to put on that bank picture.

  4. ? Differences between @Cancivlib and @bccla Which should be primary target, or both equally?

    In my opinion, both of these organizations should be including our Canadian litigation example, among all the others, in their conversations regarding the need for legislation to absolutely comply with the Canadian Charter before passing into Canadian law!

    Wikipedia.org: British Columbia Civil Liberties Association

    The British Columbia Civil Liberties Association or BCCLA is a non-government organization in British Columbia, Canada dedicated to the preservation, maintenance and extension of civil liberties and human rights in Canada.

    Founded in 1962, the BCCLA is the oldest civil liberties organization in Canada. It is based in Vancouver and is jointly funded by the Law Foundation of British Columbia and by private citizens through membership.

    The BCCLA has developed over 200 policy briefs, which serve as the principled cornerstones for the association’s work. The BCCLA meets with government and private sector officials to persuade them to change laws or policies which infringe on civil liberties and to develop new laws and policies which protect fundamental rights and freedoms. If the association’s efforts are unsuccessful, the association is sometimes able to go to court, either by arranging for pro bono counsel for clients, by intervening in legal cases or by litigating the issue.

    The BCCLA publishes and distributes free publications such as the Arrest Handbook (English, Spanish, Arabic and Vietnamese), The Citizenship Handbook (English, Punjabi and Vietnamese) and Rights Talk (English), a guide for high school students. The association also publishes pamphlets which provide information on drug testing in the workplace and assists those who would like to make a police complaint. The Association also provides assistance to those who think they might have a civil liberties issue that needs resolution.

    The association organizes forums on topics such as racial profiling, legalization of cannabis and death in custody. It also organizes speaking events with speakers such as Eddie Greenspan, Beverley McLachlin, Michael Ignatieff, John Ralston Saul and Maher Arar.

    The BCCLA publishes a newsletter twice a year, (The Democratic Commitment) as well as an annual report. It also presents an annual Reg Robson Award, named in memory of the organization’s longtime president, to honour people who have been active on civil liberties issues. Past recipients of the award have included Janine Fuller, Peter and Murray Corren, Tara Singh Hayer, Kim Bolan, Philip Owen, Joseph Arvay, Monia Mazigh and Maher Arar, William Kuebler and Stewart Phillip.

    Its current president is Rob Holmes, a Vancouver-based lawyer who practices criminal and civil litigation. David Eby was executive director from 2008 until 2012.

    *************

    Wikipedia.org: Canadian Civil Liberties Association

    https://ccla.org/campaigns/charterfirst/

  5. @Calgary411 Interesting picture. That one has the TD brand in sharper focus than the one with the bank and two entrances. I don’t know the legality in using. On twitter many are using all sorts of images. However, not suggested for a legal entity to do so without royalty considerations and rights to use a brand name of another entity.

  7. A law strengthening a requirement for Parliament to have laws ‘chartered checked’ may be more difficult than a law making it easier to be granted an injunction against the law while the courts ‘charter check’ the law themselves.

    Parliament won’t see this as much as a change in its powers.

  8. How about the picture of the TD bank showing a door for US persons and another for everyone else?

  11. @Calgary411 Nas @bccla acknowledged the ADCS suit? I don’t get the impression that @cancivlib has acknowledged the suit. Am I wrong? I think I saw somewhere that @cancivlib was having a lawyer investigate FATCA IGA implications??

  12. Remember this, the court case where a former lawyer with Canada’s Justice Department sued the Justice Minister over the Justice Department’s 1993 interpretation of just what is a “credible argument” against any law’s consistency with the Charter?

    Will the Justice Deoartment’s interpretation change under the Trudeau government – I doubt it. No government, once it has control ever wants to relinquish it. No matter who the leader’s father was, and what he did.

    http://www.theglobeandmail.com/news/national/lawyers-lawsuit-highlights-ottawas-court-clashes-over-charter-rights/article26449862/

  13. Both organizations, BCCLA and CCLA know about the ADCS lawsuit. Neither have used it in their literature / conversations about the Canadian Charter, as far as I’ve seen.

    MapleSandbox.ca posts re CCLA are searched for here: http://maplesandbox.ca/?s=ccla&submit=Search.

    CCLA says they are still reviewing through a law firm if they will be involved in FATCA. FATCA is conspicuously absent in letters they write or in public statements on Charter issues they make.
    AND
    CCLA remains silent on FATCA.

  14. JC A historical note The TD branch photo is the Copper Cliff ON. branch which TD closed in 2014 after 100 years. The photo was cribbed from google images and modified by a certain DoD who forwarded it to Calgary

  15. @Calgary411 So then this statement would not be incorrect: @cancivlib and @bccla Observers in Canadian Government Participation of US #FATCA Bullying of Canadians.

    At least publically so.

  16. JC,

    I personally would have more faith in BCCLA than CCLA – only because they are in BC, have previously partnered with Mr. Arvay on lawsuits and I have *heard* may have an interest in the US issue. Since neither has made a public statement re FATCA law in Canada, I agree, both could be described as observers.

  17. Here is another:

    How can @Cancivlib only see one entrance?
    Ignore #CharterFirst for 1 Million+ Canadians
    and their families impacted by US #FATCA?

    FATCA +CBT +FBAR +Tax Treaty Gaps =
    Violation of Canadian Civil Liberties!
    SUPPORT FATCA IGA LAWSUIT

  21. Who are the main donors for BC Civil Liberties & Canadian Civil Liberties? Donor lists? These may be good to approach for ADCS support.

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